Student visa with criminal record? Need help

lastchance11

New Member
Hi all,

I am in a difficult situation.

When I was 18 I went to learn English (I am an international student) Santa Barbara and got drunk. I was arrested and resisted my arrest. As a consequence I went to court. I was charged with M 148 (a) (1) - Resist a police officer and M 647 (f) disorderly conduct. In court I was offered a deal by the fiscal and plead guilty of 415 (a) PC ("disturbing the peace.") and paid a fine of 600 $.

Today, 8 years later, I have been offered a place in a master at Columbia for this Fall and am really worried about my criminal record may affect my prospects of studying in the US. I am really keen on any advice that you might give me.

Am I going to be denied access to the US or it will just make the visa process longer?
I also thought of applying for expunging my conviction as I don´t have any other record elsewhere but in any case it will not arrive for the visa application.

Anyone experiences with similar cases or any thoughts?

I will really appreciate any help. Thanks.
 
You may have to consider studying abroad, but you hate the thought process or the details of a student visa application in detail. However, if you have life-long dream of studying abroad, you should not let paperwork prevent you simple. All you have to do is send your application. If your school choose to accept you as a student, review your achievements and abilities, and their admissions office will help you prepare for your student visa.
 
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I had promised myself that I would do this if I got my Green Card. So this is just me fulfilling my duty and my promise to myself.

A few years back I got arrested, in San Francisco, while I was (allegedly) trying to solicit a prostitute. The city of San Francisco offers a program called FOPP (First offenders Prostitution Program) by which you are not prosecuted and in lieu of a court case and possible conviction you are offered a class for a day. I took that class and I was not convicted. I would like to share my experience for the benefit of folks who might be in similar situations. Read on, I have some good news for you.

1. I have got my green card despite my arrest record
2. I got my h1 renewed (this is before I got my GC) and I traveled in and out of the country often
If you are in my situation I have the following advice:

1. If you’ve been arrested and if you’ve been offered to take a class in lieu of prosecution that does not mean that the arrest record is off your record. For all practical purposes and especially for immigration matter if you’re asked the question “have you ever been arrested” the answer is YES.
2. As a follow up from the above point you must ALWAYS speak the truth to immigration officers. They usually know more about you than you may feel and the worst mistake you can make is by lying. Don’t try to make stories; just speak the truth.
3. If you have an arrest record and are applying for your H1 renewal then do not worry. If you speak the truth and have documents of your case being discharged then you will be fine and you will (most probably) get your visa. Again, Immigration is a funny matter and weird things can happen. But just the fact that you’ve been arrested is not grounds for not giving you a visa.
4. If you’re applying for your GC with an arrest record, again do not panic. If you’ve not been convicted then make sure you have all the paperwork regarding you arrest. The only document that you really need is a notice of discharge from the court that has jurisdiction over your matter. If you were convicted then too you may have a chance. The nature of your crime become relevant and the duration of your sentence becomes relevant. There is a ‘petty offence’ exclusion (google it) and then there are laws on what crimes matter and what don’t.

Write to me if you have any questions and good luck.
 
Thanks for ur help!

I was diagnosed with bipolar disorder in 2017 in the USA and have been hospitalized numerous times since then though I am stable/in remission now. I was trying to understand my new life with the disease and medications and encountered a lot of extreme mania/manic episodes in the first two years which led me to:

- arrests for robbery and attempted robbery in 2018 (but I was not convicted for them, did not plead guilty either). The robbery arrests were reduced to two simple assault charges which I pled guilty to (nolle diversion) but after a year of mental health counselling, got the simple assault charges withdrawn and dismissed.
- six other misdemeanours (disorderly conduct, simple assault and minor damage to property) in the DMV from 2017 all dismissed without a conviction (nolle prosequi)

What I'm asking now is please will I face any hurdles as I apply for an F1 visa next year to return to the United States regarding mental health & criminal inadmissibility? Will the Crime of Moral Turpitude (CIMT) robbery arrests be treated the same way as convictions?
 
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